Duy MAI Involuntary Commitment Prohibition Great Dissent from EN Banc Ninth Circuit

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Appellant’s petition for rehearing and petition for rehearing en banc, filed Docket No. 37, are DENIED.

    Dissenting from the denial of rehearing en banc, Judge Collins stated that the panel’s application of intermediate scrutiny here was seriously flawed and created a direct split with the Sixth Circuit. That alone was enough to warrant en banc review, and Judge Collins therefore joined Part IV.B of Judge Bumatay’s dissent from the denial of rehearing en banc.

    Dissenting from the denial of rehearing en banc, Judge Bumatay, joined by Judges VanDyke, and with whom judges Ikuta, Bade, and Hunsaker join as to Part IV, and with whom Judges Bennett, Collins, and Bress join as to Part IV.B, stated that the panel’s opinion justified the disturbing deprivation of a fundamental right by ignoring the history and tradition of the Second Amendment and applying ill-suited, foreign statistical studies that had no bearing on plaintiff’s circumstances.

    Dissenting from the denial of rehearing en banc, Judge VanDyke, joined by Judge Bumatay, stated that he agreed with Judge Bumatay’s dissent from the denial of rehearing en banc and wrote separately because he believes that the panel should have reconsidered the panel’s circular logic about wholies at the core of the Second Amendment
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on
    en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc
    consideration. Fed. R. App. P. 35.

    Appellant’s petition for rehearing and petition for rehearing en banc, filed Docket No. 37, are DENIED.
     

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